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Jasenborn (ITA)     26 June 2013

Loan sanction delayed due to documents and bank builder ask

Hi All, I have applied Home Loan of 20 Lakhs in LIC, Pune on 29th Oct 2012, then after my doucments (not property documents) were cleared I was eligible for taking loan from LIC which was sanctioned on 24th Nov 2012 for Rs. 20,00,000 from LIC. Then they asked me to do the agreement, hence I collected all the relevant doucments and then the registartion was done on 1st Dec 2012. Then I handed over the Agreement and Property documents to LIC, they started the processing. After a month LIC informed that The Blue print copy attached in the documents does not match the Flat, the Flat design was revised by the Builder. The area in Square Feet were same, but just there were some internal changes that the builder had done. The current Blue print which was attached was of the new design of Flat but was not approved from Corporation yet. LIC asked for the revised Blue Print which should be approved by Municipal Corporation. Builder was unable to give it as it comes from the Municipal Corporation and it might take lot of time for the revised blue print. In this I lost alomost one and a half month. Nothing was working as LIC was not ready to sanction the loan until they get revised Blue print copy. Mean while in the same building another person purchased a Flat and SBI approved their loan and Loan was disbursed to the builder. The flat was ready for possesion in Feb 2013. Hence I took all the documents from LIC and I submiteed Loan application to SBI on 19th Feb 2013. SBI finished all the back ground check for me and they said my Loan is under process on 13th March 2013. Then around end of March even SBI agents informed that the Blue Print copy doesnt match with the Flat and they cannot proceed for loan approval. They suggested either bring the new revised Plan of Blue print which is approved by Municipal Corporation or attach the old approved Blue Print copy by PMC and make a correction Deed stating the Blue print has changed. I asked the SBI agent, you have already processed loan for another guy in the building then why are yoyu asking me for the revised blue print? He informed there was a mistake done by us due to which the loan was sanctioned. Now they have found out the mistake and they cannot approve the loan. As, the revised plan would require some time we decided to go for correction deed. Then Me and my builder did a correction deed on 29th April 2013 attachind the old revised plan to the agreement. Then after re-inspection and lot of follow ups with SBI, my loan was finally Sanctioned on 30th May 2013 and SBI asked to submit all the original documents so that they can disburse the amount. They collected my documents on 5th June 2013 and later said that the Architecture letter is missing. I collected the Architecture letter stating the Flat is 100% complete and ready for posession. After collecting the docs the cheque was relased on 20th June. Now, Builder is asking for interest to be paid on the said amount due to delay in the disbursement, as it was mentioned in the agreement. As there is no fault from my end, Builder had the Blue print issues and then SBI has made the delay in the loan disbursment and I cannnot pay the interest.So what shall I do? Now, builder is not giving the possesion letter until he gets the interest of Rs. 60,000/-. SBI can sanction a loan to a person on the same property within 2 months and making me wait for more than 4 months. Who is responsible for this interest to pay? What should I do ? I am thinking for giving a Police complaint. Help me in this regard. as it has been a mental torture for me and my Wife. Thanks Sam



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 2 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     26 June 2013

kindly serve a legal notice to the builder through an advocate. it was the builder who did not had proper documentation at his end. no fault of your and SBI/LIC. if he doesn't give you the possession even after the legal notice. then you may move to the civil court or consumer forum against the builder for obtaining the possession of flat. Regards, Advocate Rohit Dalmia 9324538481 Mumbai

KWH (Owner)     27 June 2013

Hi

You have a strong case and can proceed against the Buider in the Consumers' Forum. I understand your stress is on account of him not giving you possession and to defeat that you could check with your advocate and pay the amount  under protest "without prejudice to your rights and contentions".  The consumer's Forum allows you two years time to file the complaint. Hope this helps. It is a shame your builder is trying to squeeze you for money on account of his fault in the first place.


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